ABSTRACT
Chapter 1 provided an overview of the concept of property. This chapter attempts to apply the concept of property to the area of dead bodies and body parts. Recent developments have brought into bold relief the necessity for re-examination of the legal attitude towards property rights in a corpse and body parts.1 Some medical researchers in Canada,2 Australia,3 Germany4 and England5 stand accused of harvesting
1 Donna M. Gitter, ‘Ownership of Human Tissue: A Proposal for Federal Recognition of Human Research Participants’ Property Rights in their Biological Material’ (2004) 61 Wash. & Lee L. Rev. 257; Roy Hardiman, ‘Comment, Toward the Right of Commerciality: Recognizing Property Rights in the Commercial Value of Human Tissue’ (1986) 34 UCLA L. Rev., 207, 228; Julia D. Mahoney, ‘The Market for Human Tissue’ (2000) 86 Virginia L. Rev. 163; C.M. Thomas, Should the Law Allow Sentiment to Triumph Over Science? The Retention of Body Parts (Auckland: Massey University School of Accountancy Discussion Paper Series 210, 2002).
